VILES v. VILES


14 N.Y.2d 365 (1964)

Berrilla K. Viles, Appellant, v. James Viles, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1964.


Attorney(s) appearing for the Case

Elias Messing and Osmond K. Fraenkel for appellant.

William G. Mulligan, Doris Carroll and Jonathan S. Dick for respondent.

Chief Judge DESMOND and Judges DYE and SCILEPPI concur with Judge BURKE; Judge VAN VOORHIS dissents in a separate opinion in which Judges FULD and BERGAN concur.


BURKE, J.

In this action by a former wife to recover arrears due under a separation agreement the defense is illegality. We find the defense well founded under section 51 of the Domestic Relations Law since the affirmed findings of fact conclusively establish that the agreement was made as an inducement to divorce.

The parties agreed that the venue of the divorce action was to be the Virgin Islands and...

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